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J.M. Krupar Construction Co., Inc. v. Rosenberg

There is no implied warranty of good-and-workmanlike performance from a builder's subcontractor directly to the homeowner.

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OPINION

Plaintiff, Dr. Wade R. Rosenberg, sued defendant Abercrombie Builders, Inc. for violations of the Texas Residential Construction Liability Act *fn2 and the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) *fn3 for damages allegedly resulting from the faulty design and construction of Rosenberg’s home. Abercrombie Builders filed a separate suit against defendant J.M. Krupar Construction Co., Inc. (JMK), which built the foundation, and others who were involved in the design and landscaping of the home. Rosenberg intervened in Abercrombie Builders’ lawsuit and non-suited the defendants in the first lawsuit. The trial judge realigned the parties, making Rosenberg the plaintiff and all other parties defendants. A jury found in favor of Rosenberg on his claims against Abercrombie Builders and JMK and in favor of Abercrombie Builders on its claims against JMK. The trial court rendered judgment on the verdict, except for the jury findings of mental anguish in favor of Rosenberg, which the court disregarded, and awarded an additional $1,100,000 to Abercrombie Builders against JMK. *fn4 The judgment also dismissed all claims against five defendants who are not parties to this appeal. JMK appeals the judgment, Rosenberg appeals the trial court’s ruling on mental anguish and the calculation of prejudgment interest, and Abercrombie Builders appeals the jury’s allocation of 40 percent of the responsibility for Rosenberg’s damages to Abercrombie Builders’ negligence. We reverse the judgment and render judgment that Rosenberg and Abercrombie Builders take-nothing by their suit against JMK.

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